HBA-JLV C.S.H.B. 3111 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3111
By: Zbranek
Natural Resources
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) operates twelve separate programs for licensing and registration of
members of various organizations.  These programs were authorized at
different times in the past, operated by the predecessor agencies that were
consolidated to create TNRCC and include different procedural and
administrative requirements of the various programs. C.S.H.B. 3111
establishes and consolidates consistent administrative requirements and
procedures for all regulated occupations, enacts provisions consistent with
recommendations of the Sunset Advisory Commission for licensing programs,
and removes outdated and inconsistent statutory provisions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Sections 37.002 and 37.006, Water Code) and
SECTION 26 of this bill. 

ANALYSIS

C.S.H.B. 3111 amends the Water and Health and Safety codes to establish a
uniform process for administering and enforcing occupational licenses and
registrations under the Texas Natural Resource Conservation Commission's
(TNRCC) jurisdiction.  The bill amends the Water Code to require TNRCC
before December 1, 2001, by rule, to establish occupational licenses
consistent with statutory requirements, to establish classes and terms of
licenses and registrations, and to administer these provisions and other
laws governing occupational licenses and registrations under TNRCC's
jurisdiction (Sec. 37.002). TNRCC is authorized to establish qualifications
for each occupational license or registration under its jurisdiction (Sec.
37.004).  The bill requires TNRCC to establish requirements for issuing
licenses and registrations and sets forth conditions under which TNRCC is
authorized to deny a license or registration (Sec. 37.005).  The bill sets
forth requirements and uniform procedures for renewing licenses and
registrations that TNRCC is required to establish.  TNRCC is authorized, by
rule, to adopt a system under which licenses or registrations expire on
various dates during the year (Sec. 37.006).   

TNRCC is required to prescribe the content of licensing examinations to be
based on laws, rules, job duties, and standards relating to licenses and
classes of licenses issued by TNRCC.  TNRCC is required to determine the
location and frequency of the examinations.  Not later than the 45th day
after the date a person takes a licensing examination, TNRCC is required to
notify the person of the results of the examination.  If requested in
writing by a person who fails a licensing examination, TNRCC is required
within a reasonable time period to provide the person with an analysis of
the person's performance on the examination.  TNRCC is required to ensure
that an otherwise qualified individual that has a physical, mental, or
developmental disability be provided with reasonable opportunity to take a
licensing examination (Sec. 37.007). 

The bill sets forth provisions requiring TNRCC to approve training programs
necessary to qualify for or renew a license (Sec. 37.008).  The bill
requires TNRCC to establish and collect fees to cover the cost of
administering and enforcing provisions relating to licenses and
registrations and to deposit the fees to the  credit of the TNRCC
occupational licensing account in the state treasury (Sec. 37.009).  The
bill sets forth provisions to prohibit TNRCC from adopting rules
restricting advertising or competitive bidding by a license or registration
holder, except to prohibit false, misleading, or deceptive practices (Sec.
37.010).  TNRCC is required to prepare and make available to the public
information describing the procedures by which a person may submit
licensing and registration complaints to TNRCC (Sec. 37.011).  TNRCC is
authorized to require a person to provide certain information about other
occupational licenses and registrations (Sec. 37.012).  The bill provides
that a license or registration holder must engage in the business,
occupation, or profession governed by the license or registration according
to applicable laws and TNRCC rule (Sec. 37.013).  TNRCC is required to
maintain and make available to the public, an official roster of persons
who hold licenses and registrations (Sec. 37.014).  TNRCC is authorized to
contract with persons to provide services and to authorize contractors to
collect reasonable fees for the services provided (Sec. 37.015).  The bill
sets forth provisions regarding violations of these provisions, prohibits
the administrative penalty from exceeding $2,500 a day for each violation,
and prohibits the civil penalty from exceeding $5,000 a day for each
violation (Secs. 7.052 and 7.102). 

The bill amends the Water and Health and Safety codes to set forth license
and registration requirements for persons who: 

 _perform process control activities at a sewage treatment facility or
supervise the maintenance of a sewage collection system;  

 _offers to install, repair, or remove an underground storage tank or
supervises the same; 
 
 _sell, design, install, alter, repair, or service an irrigation system;

_operate or perform process control duties in production or distribution of
drinking water for a public water system;  

_supervise solid waste facilities; and 

_construct, install, repair, or extend on-site sewage disposal systems
(Secs. 26.0301, 26.452, 26.456, and 34.007, Water Code and Secs. 341.034,
361.027, and 366.071, Health and Safety Code).   

The bill sets forth licensing and registration and exemptions for landscape
irrigators, for persons assisting a licensed person, and for owners of
businesses employing licensed individuals (Secs. 34.002 and 34.006, Water
Code). 

The irrigator advisory council is required to provide advice to TNRCC
concerning matters relating to landscape irrigation (Sec. 34.003, Water
Code). 

The bill authorizes TNRCC to prohibit the use of the petroleum storage tank
remediation account to pay for corrective action if the action is taken by
unlicensed contractors or unlicensed supervisors (Sec. 26.3573).  The bill
sets forth provisions authorizing TNRCC to implement a program to register
engineers licensed by the Texas Board of Professional Engineers, and
geoscientists licensed by the Texas Board of Professional Geoscientists who
contract with an owner or operator of an underground storage tank or an
above ground storage tank, or with any person, and sets forth provisions
relating to such a program.  The bill authorizes such engineers and
geoscientists to supervise corrective action (Sec. 26.364-26.367). 

The bill repeals provisions requiring the Texas Department of Health to
issue a qualified person a certificate stating that the person is qualified
to install, exchange, service, and repair residential water treatment
facilities. 

The bill also repeals provisions that are inconsistent and unnecessary with
this Act (SECTION 25). 

 EFFECTIVE DATE

September 1, 2001.  Provisions regarding occupational licensing and
registration take effect on September 1, 2002. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3111 modifies the original to delete provisions relating to
examinations for an irrigator certificate of registration (Sec. 34.007,
Water Code).  The substitute deletes provisions authorizing Texas Natural
Resource Conservation Commission (TNRCC) to develop a solid waste training
program (Sec. 361.027, Health and Safety Code).  The substitute deletes
provisions authorizing TNRCC to designate a person to complete a training
program and pay fees for the administration of the training and
certification (Sec. 366.014, Health and Safety Code). 

The substitute requires TNRCC to license qualified geoscientists to
supervise corrective action regarding petroleum storage tanks.